1992 REPORT CARD ON THE STAmS Sexual Rights in America Debra W. Haffner Executive Director, SIECUS A central component of SIECUS’ mission is to either only recommend or are silent on sexuality advocate for the rights of individuals to make respon- education. sible sexual choices. These rights include the right to A state mandate is a requirement that all school information, the right to sexual health services, the districts provide sexuality education and/or HIV/AIDS right to engage in sexual behaviors with consenting education to their students. Mandates are usually adults, the right to live according to one’s sexual accompanied by suggested curricula to be implemented orientation, and the right to obtain and use sexually at the local level. State program reviews have indicated explicit materials. that the existence of a state mandate does not necessar- Recent Supreme Court decisions have delivered a ily translate into programs in every school in the state. clear message: the federal government through its However, a legislative mandate does provide a legal Court decisions cannot be relied upon to protect basis for programs to be implemented at the local level. individual sexual rights. In at least three recent deci- In contrast, a recommendation refers only to a sions - Bowers v. Hardwick, Webster v. Reproductive provision by the state legislature or the state depart- Health Services and Barnes v. Glen T&eater - the ment of education that recommends or encourages Supreme Court affirmed the right of states to pass local communities to include sexuality topics in their legislation that limit specific sexual rights. programs. While curricula may be suggested, each local As a result of these decisions, states will play an district can decide whether a program on these subjects increasingly important role in affirming or restricting will be implemented. In general, state recommendations sexual rights. Across the United States, there exists a suggest that sexuality education or family life education patchwork of state legislation on sexuality-related topics be a component of comprehensive health issues. This review discusses and “grades” state laws education programs. on sexuality education, HIV/AIDS education, abortion, SIECUS has revised its 1991 review of state mandates sexual orientation, sexual behaviors, and obscenity based on information submitted by SIECUS members laws, and includes a state-by-state analysis on state about their states.’ Hawaii, Illinois, Indiana, Maine, legislation that may promote or restrict sexual rights. North Carolina, and Oregon have been re-evaluated and determined to have recommendations, not man- Sexuality and HIV/AIDS Education dates. In each case, the state has a mandate for compre- Forty-seven states (including the District of Colum- hensive health education; family life education, growth bia) now either mandate or recommend sexuality and development, or sexuality education are listed as education. Seventeen states have a legislative require- potential components. However, there is no require- ment that all school districts provide sexuality educa- ment for local districts to teach this component as part tion to their students at some level. Twelve states of fulfilling the state mandate. Thus, sexuality education require sexuality education from kindergarten through can only be said to be recommended in these states. twelfth grade. Only four states - Massachusetts, During the 1991 legislative year, no state passed Mississippi, South Dakota, and Wyoming - have no additional requirements for sexuality education.3 Since position on sexuality education. the last publication of SIECUS’ annual review of state Forty-eight states (including the District of Colum- sexuality and HIV/AIDS education mandates, it has bia) either mandate or recommend HIV/AIDS educa- been brought to our attention that as of September tion. Thirty-three states mandate teaching about HIV/ 1991, Florida’s mandate for comprehensive sexuality AIDS at some levels, and fifteen additional states education requires teaching about human sexuality in encourage its teaching. Only Ohio, Wyoming, and kindergarten through twelfth grade. In Arizona, a state Tennessee are silent on HIV/AIDS education.’ Fifteen Board of Education hearing expanded the time allowed states require HIV/AIDS education, yet these states to be spent on sexuality education and recommended comprehensive health education skills be taught in development. This law includes a parental consent kindergarten through twelfth grade. This hearing was requirement as well as a spousal notification require- approved by the state Board of Education on May 29, ment. On October 21, 1991, the U.S. Court of Appeals 1990, and includes provisions for sexuality and HIV/ for the Third Circuit unanimously upheld these provi- AIDS education. sions, except for the spousal notification requirement.5 Two states enacted mandates on HIV/AIDS educa- The Supreme Court has agreed to hear the case of tion in 1991. California passed a mandate for HIV/AIDS Planned Parenthood v. Casey on the constitutionality education during the 1991 session.* Arizona enacted a of this decision during the current term. (SIECUS has law requiring public schools to provide instruction on joined as an amkus curse in this case.> During 1991, HIV/AIDS to kindergarten through twelfth grade Mississippi, North Dakota, and Ohio passed “informed students. The curriculum must promote abstinence, discourage drug abuse, and provide accurate informa- tion on HIV transmission. No school district may Vol. 20; No. 3 SIECUS Report February/March 1992 include anything that “promotes a homosexual lifestyle.” Sex Information and Education Council of the U.S. Executive Director, Debra W. Haffner, MPH Reproductive Rights Managing Editor, Elizabeth Wilder The 1989 Webster v. Reproductive Health Services decision affirmed Missouri law restricting access to abortion in public hospitals and the use of viability The SZECUS Rtport is published bimonthly and distributed to tests, thus opening the way for states to restrict access SIECUS members, professionals, organizations, government offi- to abortion services. As a result of this decision, state cials, libraries, the media, and the general public. legislatures and state courts have been inundated with Annual membership fees: individual, $75; student (with validation), abortion-related cases and legislation. During the 1991 $35; senior citizen, $45; organization, $135 (includes two bimonthly legislative term, 293 bills were introduced in 47 copies of the SIECKB Report); and library, $75. SZECCJSSZECUS Report legislatures: 181 bills would have restricted abortion subscription alone, $70 a year. Outside the IJ.S., add $10 per year to rights, while 81 bills sought to protect abortion rights.3 these fees (except Canada and Mexico, $5). The SZECtJS Report is In 1991, Maryland became the third state to pass available on microfilm from IJniversity Microfilms, 300 North Zeeb Road, AM Arbor, MI 48106. legislation affirming the rights of the women in the state to obtain legalized abortion, regardless of future All article, review, advertising, and publication inquiries and U.S. Supreme Court decisions. (The Maryland law does submissions should be addressed to the managing editor: include a parental notification requirement with a Elizabeth Wilder, Managing Editor physician bypass option.) The Maryland law is cur- SIECUSSZECUS Report rently in abeyance pending a voter referendum in the SIECIJS fall of 1992. A very close public referendum in the 130 West 42nd Street, Suite 2500 New York, New York 10036 state of Washington in November 1991 also affirmed 212/819-9770 reproductive rights for women in that state. Washing- fax 212/819-9776 ton and Maryland join Nevada (by public referendum in November 1990) and Connecticut (through state Editorial Board William L. Yarber, HSD, Chair legislation in 1990) in being the only four states to The Rt. Rev. David E. Richards explicitly protect abortion rights. Lorna Sarrel During the 1991 legislative session, Louisiana and Jeanette Tedesco, PhD Utah passed bills outlawing abortion in almost all cases. These laws have been enjoined and are cur- rently in the federal court pipeline. The Louisiana law Opinions expressed in the articles appear- prohibits all abortions except in cases of life endanger- ing in the SIECUS Reportmay not reflect the ment or cases of rape and incest, if the abortion is official position of the Sex Information and performed in the first 13 weeks. There are no provi- Education Council of the U.S. Articles which sions for an abortion to save the pregnant woman’s express differing points of view are pub- health status. Physicians who perform abortions could lished as a contribution to responsible and be sentenced to up to 10 years in prison and $100,000 meaningful dialogue regarding issues of in fines. In Utah, all abortions will be outlawed, except significance in the field of sexuality. if the woman’s life is endangered or if there will be , “grave damage” to her physical health, to prevent I ’ grave fetal defects, and in cases of rape and incest. Typography lay Ray Noonan, ParaGrapliic Artists, NYC. The penalty to physicians will be a prison term up to five years and a $5,000 fine. Copyright 0 1992 by the Sex Information and Education Council of the ILS., Inc. No part of the SZEClJSReportmay be reproduced in any Several states have also passed severe restrictions form without written permission. on a woman’s rights to an abortion. The Pennsylvania